Agenda packet — Foster City City Council, February 18, 2025

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, February 18, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

5. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

5.1. City/EMID Regular Meeting Minutes of February 3, 2025

5.2. An Ordinance of the City of Foster City Adding a New Section 2.28.075, “MeetingsAbsenteeism” of Chapter 2.28, “Planning” to the Foster City Municipal Code to Specify the Number of Absences From Meetings That Would Constitute a Resignation (First Reading on February 3, 2025) a) Adopt Ordinance

5.3. A Resolution of the City Council of the City of Foster City Awarding Concession Agreements to Wind Over Water and The Kite School for Kiteboard Lessons, Retail, Rental and Demonstrations at Baywinds Park from April 1, 2025 Through December 31, 2027 with Optional Extensions Through December 31, 2029; and Authorizing the Mayor to Execute the Concession Agreements; and Authorizing the City Manager to Exercise the Two Optional Extensions
a) Staff Report
b) Adopt Resolution

5.4. A Resolution of the City Council of the City of Foster City Authorizing the Request for Proposal for the Integrated Adaptive Canada Goose Management Plan Implementation
a) Staff Report
b) Adopt Resolution

5.5. A Resolution of the City Council of the City of Foster City Approving and Authorizing the Mayor to Execute the Second Revised and Restated Joint Exercise of Powers Agreement for the San Mateo County Operational Area Emergency Services Organization (also known as Emergency Services Council)
a) Staff Report
b) Adopt Resolution

5.6. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Four (4) in the Amount Of $40,000 with It's Personnel Consulting Inc. for Human Resources Consulting Services
a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. Parks and Recreation Committee 2024 Year End Report and Approval of 2025 Goals
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.2. Recreation Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on January 30, 2025
a) Information Item Only
b) No Action Required

8. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, February 18, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 3, 2025

6. REPORTS

6.1. Parks and Recreation Committee 2024 Year End Report and Approval of 2025 Goals
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.2. Recreation Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on January 30, 2025
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, February 18, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 3, 2025

6. REPORTS

6.1. Parks and Recreation Committee 2024 Year End Report and Approval of 2025 Goals
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.2. Recreation Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on January 30, 2025
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, February 18, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 3, 2025

6. REPORTS

6.1. Parks and Recreation Committee 2024 Year End Report and Approval of 2025 Goals
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.2. Recreation Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on January 30, 2025
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, February 18, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 3, 2025

6. REPORTS

6.1. Parks and Recreation Committee 2024 Year End Report and Approval of 2025 Goals
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

6.2. Recreation Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on January 30, 2025
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF FEBRUARY 3, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of February 3, 2025 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Stacy Jimenez.

Councilmember/Director Sullivan teleconferenced from the Renaissance Esmeralda Resort Business Center, 44400 Indian Wells Lane, Palm Springs, CA 92210.

This meeting was held as a hybrid meeting.

ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Diane Pitman, Administrative Services Director; Sofia Mangalam, Community Development Director; Derek Schweigart, Parks and Recreation Director; Cory Call, Police Chief; Nate Cruz, Finance Director; Robert Marshall, Deputy Fire Chief; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; ‘Andra Lorenz, Principal Management Analyst; Katherine Estrada, Deputy City Clerk; Maddy Koval, Recreation Coordinator; Mark Strathbee, Video Technician; and Priscilla Schaus, Communications
Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS

PROCLAMATION HONORING FIRE CHIEF KENT THRASHER ON HIS RETIREMENT FROM THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT.

5.1 5.1 Minutes

6 Mayor Jimenez presented the proclamation honoring Fire Chief Kent Thrasher on his retirement from the San Mateo Consolidated Fire Department to Kent Thrasher.

Jon Froomin addressed the City Council via teleconference.

PROCLAMATION RECOGNIZING FEBRUARY 2025 AS BLACK HISTORY MONTH.

Councilmember Venkat presented the proclamation recognizing February 2025 as Black History Month to Alexis Lewis and Kathryn Haysbert, representing Island United Church, and Bill Stewart representing the Foster City Association of Black Residents.

CONSENT CALENDAR
Motion by Councilmember/Director Niederhofer, seconded by Vice Mayor/Vice President Kiesel, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of January 21, 2025;

2. City/EMID Special Meeting Minutes of January 23, 2025; and

3. City Resolution No. 2025-8, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute a Primary Grant Agreement with the San Mateo County Transportation Authority for Future Measure A and Measure W Funding; and Finding the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3).”

REPORTS
YOUTH ADVISORY COMMITTEE 2024 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2025. MINUTE ORDER NO. 2012.

Youth Advisory Committee Chair Francesca Wesley and Vice Chair Lian Wang presented the Youth Advisory Committee 2024 Year End Report, Review of Mission Statement, and Goals for 2025.

Discussion ensued.

Councilmember Niederhofer would like the committee to explore opportunities to work with seniors in the community.

Mayor Jimenez would like the committee to present a report on what the youth would like to see in the City’s parks with the next Parks Master Plan report.

Motion by Councilmember Venkat, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 2012, to accept and

5.1 5.1 Minutes

7 receive the Youth Advisory Committee 2024 Year End Report, Review of Mission Statement, and Goals for 2025.

ORDINANCE FOR INTRODUCTION
ADDING A NEW SECTION 2.28.075, “MEETINGS-ABSENTEEISM” OF CHAPTER 2.28, “PLANNING” TO THE FOSTER CITY MUNICIPAL CODE TO SPECIFY THE NUMBER OF ABSENCES FROM MEETINGS THAT WOULD CONSTITUTE A RESIGNATION.

Assistant City Attorney Bazzano presented the staff report.

Discussion ensued.

Motion by Councilmember Venkat, seconded by Councilmember Niederhofer, and carried by roll call vote, 4-0-1, Councilmember Sullivan abstained, to introduce ordinance by title only, waive further reading, and pass ordinance to second reading, “An Ordinance of the City of Foster City Adding a New Section 2.28.075, “Meetings-Absenteeism” of Chapter

2.28, “Planning” to the Foster City Municipal Code to Specify the Number of Absences from Meetings that Would Constitute a Resignation” with the following revisions:

1. Section 2.28.075 subsection A, strike “without formal notification to the commission chair or staff liaison”; and

2. Section 2.28.075 subsection B, strike the term “calendar year” and replace it with “12-month period.”

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on January 3, 2025, January 16, 2025, and ACH were processed on January 3, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin stated that he and Assistant City/District Manager Subhashini will be attending the League of California Cities 2025 City Managers Conference from February 5-7. Community Development Director Mangalam will be the Acting City Manager in their absence.

Councilmember/Director Venkat wished everyone a Happy Black History Month and Happy Lunar New Year. She stated that she attended the League of California Cities 2025 Mayors and Councilmembers Academy in Southern California from January 29-31.

Councilmember/Director Niederhofer thanked City staff for organizing the Parks Master Plan Community Workshop on January 22 and the City Council Annual Retreat on January 23. She stated she attended the League of California Cities 2025 Mayors and

5.1 5.1 Minutes

8 Councilmembers Academy in Sacramento on January 24. She helped prune the roses on Shell Boulevard with the Rotary Club and assisted with the Community Garden at the Island United Church on January 25. She shared that plot applications for the Community Garden opened on February 1 and will be due Friday, February 21.

Councilmember/Director Sullivan thanked Parks and Recreation Director Schweigart and Parks Manager Fanara for organizing the Parks Master Plan Community Workshop on January 22 and stated he assisted the Rotary Club with the Community Garden on January 25. He wished the public a Happy Black History Month and Happy Lunar New Year.

Vice Mayor/Vice President Kiesel reported that the South Bayside Waste Management Authority (SBWMA) Board meeting on January 23 was cancelled. He stated that he attended the San Mateo County Library Joint Powers Authority Governing Board meeting on February 3, where they approved the purchase of a new Bookmobile mobile library vehicle.

Mayor/President Jimenez stated that she attended the Peninsula Clean Energy (PCE) Board meeting on January 23 and encouraged the public to visit their website at peninsulacleanenergy.com. On January 27, she attended the City/County Association of Governments of San Mateo County (C/CAG) Congestion Management and Environmental Quality (CMEQ) Committee meeting and the San Mateo County Child Care Partnership Council (CCPC) meeting. She also invited the public to her monthly office hours at Penelope’s Coffee and Tea on February 8 at 1 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 7:44 p.m.

5.1 5.1 Minutes

9 2
9 5
2 ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY ADDING A NEW SECTION 2.28.075, “MEETINGS-ABSENTEEISM” OF CHAPTER 2.28, “PLANNING” TO THE FOSTER CITY

MUNICIPAL CODE TO SPECIFY THE NUMBER OF ABSENCES FROM MEETINGS

THAT WOULD CONSTITUTE A RESIGNATION

CITY OF FOSTER CITY
WHEREAS, a City Council has broad authority to appoint boards and commissions as part of the sub-government of the city, unless otherwise limited by state law; and
WHEREAS, the powers, duties, and method of appointment are established by the City Council, which defines the extent of the board or commission’s authority; and
WHEREAS, the City Council has the power to establish advisory committees and a Planning Commission, pursuant to Government Code section 65100, and to delegate certain duties to those bodies; and
WHEREAS, each member appointed by the City Council serves at the pleasure of the City Council; and
WHEREAS, attendance of members of the Planning Commission at noticed regular and special meetings is critical to ensure that the business of the City is conducted in an efficient and expedient manner; and
WHEREAS , the City Council desires to establish clear requirements applicable to all Planning Commission Members relating to absenteeism to ensure that Members of that body regularly attend the scheduled meetings and to specify the number of absences from meetings that would constitute a resignation.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council hereby finds that the foregoing recitals are true and accurate and are incorporated herein by reference.

Section 2.Add. Section 2.28.075, “Meetings-Absenteeism” is hereby added to Chapter 2.28, “Planning” within Title 2 of the Foster City Municipal Code to read as follows:
“2.28.075 Meetings- Absenteeism.

A. Absence from any three (3) consecutive regular meetings shall be deemed to constitute resignation from the planning commission.

B. Absence from any five (5) regular or special meetings (either consecutive or non-consecutive and either with or without formal notification to the committee

5.2 Attachment 1 - Ordinance

10 2
9 5
2 chair or staff liaison) during a 12-month period shall be deemed to constitute a resignation from the planning commission.

C. If a resignation occurs pursuant to subsection A or B, the staff liaison shall cause notice of such resignation to be given to the city clerk for appropriate action and a vacancy will be deemed created and shall be filled pursuant to Section 2.28.060.” Section 3. CEQA. This ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this would be a purely administrative change and not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Foster City hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

Section 6. Publication; Certification. The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published in accordance with State law.

This Ordinance was introduced and read on the 3rd day of February, 2025, and passed and adopted on the18th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Ordinance

11 DATE: February 18, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
SUBJECT: AWARD OF CONCESSION AGREEMENTS FOR KITEBOARD

LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS
PARK FROM APRIL 1, 2025 THROUGH DECEMBER 31, 2027, WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2029

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution awarding concession agreements to Wind Over Water and The Kite School for Kiteboard Lessons, Retail, Rental and Demonstrations at Baywinds Park from April 1, 2025, through December 31, 2027, with optional extensions through December 31, 2029; and authorizing the Mayor to execute the concession agreements and authorizing the City Manager to exercise the two optional extensions.

EXECUTIVE SUMMARY
For over twenty years, Foster City has offered a windsurfing and kiteboarding concession at Bay Winds Park located on East Third Avenue in Foster City, providing lessons, retail, rentals, and demonstrations for both experienced and novice participants at this popular destination. On June 15, 2020, Wind Over Water LLC and the Kite School were approved for concession agreements with the City for a two-year term ending on December 31, 2022, with optional extensions through December 31, 2024. On December 2, 2024, the City Council authorized staff’s request to issue a new Request for Proposal (RFP) to continue providing these services at Baywinds Park.

The RFP opened on December 9, 2024, and was published to potentially qualified vendors. Two bids were received by the January 2, 2025, bid deadline. Both bids received were from existing vendors currently operating at the site, The Kite School and

5.3 5.3 Staff Report

12 Wind Over Water.

BACKGROUND/ANALYSIS
The Foster City Parks and Recreation Department has offered a windsurfing and kiteboarding concession at Bay Winds Park on East Third Avenue for over twenty years to provide lessons, retail, rental and demonstrations for both experienced and inexperienced participants at this popular kiteboarding destination. The Bay region adjacent to Baywinds Park is well known as a premier location among the kiteboarding community offering optimal wind conditions necessary for the sport.

The Parks and Recreation Department is committed to maximizing access to the park system through a variety of services and activities. Concession agreements enhance these offerings by enabling private and non-profit agencies to provide services on City property that the Parks and Recreation Department cannot directly offer. Additionally, fees charged for the right to conduct business on City park property reimburses the City for its actual and reasonable costs to manage the Concession agreements. These agreements are time-limited, allowing both the City and the concessionaire to evaluate the service and its terms, while also providing opportunities for other organizations to be considered for providing the service.

The Kiteboarding "season" is typically from March through October, so it would be ideal to enter into an agreement as soon as reasonably possible to allow the concessionaire(s) to take advantage of the full season. Both The Kite School and Wind Over Water have proposed operations that align with this schedule.

The RFP opened on December 9, 2024. Staff sent invitations to five qualified vendors to submit bids. Section 3.04.080 requires that the City’s Purchasing Authority analyze the proposals received and make a recommendation to the City Council. Two bids were received by the January 2, 2025 bid deadline, both from existing vendors currently operating at the site, The Kite School and Wind Over Water. Based on the vendors’ history of successfully operating at the site, a dedicated customer base and over 20 years of experience each. Staff recommend renewing agreements with both companies.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The approval of the concession agreements with the Kite School and Wind Over Water are not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

5.3 5.3 Staff Report

13 FISCAL IMPACT
The City charges vendors a $1,000 annual concession fee plus a $500 monthly fee for the use of City park property. As a result, both The Kite School and Wind Over Water would each generate a total annual revenue of $4,500 for the City.

The revenue total is equal to $1,000/year per vendor, and each vendor pays $500 a month from April to October (total seven months).

The annual concession fee [partially] reimburses the City for its actual and reasonable costs to manage the agreements. On average, the City’s cost to manage each agreement per season for seven months from April to October is $1,050. The $500 monthly fee is imposed for the Vendors’ use of Baywinds park. In December 2024, the San Mateo County Office of the Assessor provided a ballpark estimate for the value of the land at Baywinds Park and indicated that the land would be valued at less than $100 per square foot, and used a conservative estimate of $50-$100 per square foot.

Each vendor uses 762 square feet of Baywinds Park, which means the total value of land each vendor uses is $38,100 (using an estimated value of $50 per square foot).

ATTACHMENTS:

Attachment 1 - Resolution Awarding Concession Agreement to The Kite School and Wind Over Water
Attachment 2 - Agreement with The Kite School
Attachment 3 - Agreement with Wind Over Water
Attachment 4 - The Kite School Proposal
Attachment 5 - Wind Over Water Proposal

5.3 5.3 Staff Report

14 2
9 5
5 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AWARDING

CONCESSION AGREEMENTS TO WIND OVER WATER AND THE KITE SCHOOL

FOR KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS PARK FROM APRIL 1, 2025 THROUGH DECEMBER 31, 2027 WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2029; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONCESSION AGREEMENTS; AND AUTHORIZING

THE CITY MANAGER TO EXERCISE THE TWO OPTIONAL EXTENSIONS

CITY OF FOSTER CITY
WHEREAS, the City wishes to utilize the parks system to highlight Foster City parks as an amenity to draw people into the City; and
WHEREAS, the current Concession Agreements with Wind Over Water and the Kite School for Kiteboarding services at Baywinds Park expired on December 31, 2024; and
WHEREAS, Wind Over Water and the Kite School have provided a competitive proposal under which the City of Foster City will receive $1,000 per year concession fee and $500 per month for each month of operation; and
WHEREAS, the City charges a $1,000 annual concession fee and a $500 monthly fee for the use of City park property to the vendors to [partially] reimburse the City for its actual and reasonable costs to manage the agreements. Both The Kite School and Wind Over Water will operate from April 1 to October 31 each year, with each generating $4,500 in annual revenue for the City.

WHEREAS, the annual concession fee is not a tax imposed by the City because it is a charge imposed for the benefit conferred and privileges and services provided by the City. The monthly fee is not a tax imposed by the City because it is a charge imposed for the use of City property. (Please see California Const. Art 13c, §1(e)(1, 2, & 4).).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Adopt the foregoing recitals as true and correct and incorporates them herein to this Resolution;

2. Award Concession Agreements to Wind Over Water and the Kite School in a form approved by the City Attorney;

3. Authorize the Mayor to execute the Concession Agreements with Wind Over Water and the Kite School to provide kiteboard lessons, retail, rental and

5.3 Attachment 1 - Resolution

15 2
9 5
5 demonstrations at Baywinds Park; and

4. Authorize the City Manager to exercise each of the two optional year-long extensions to the term of the Agreements at his or her discretion, pursuant to the procedure contained in the Concession Agreements.

PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

_____________________________

PRISCILLA SCHAUS, CITY CLERK

5.3 Attachment 1 - Resolution

16 1
2 9
5 6

CONCESSIONS AGREEMENT
FOR

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS

AT BAYWINDS PARK
This Agreement is made and entered into as of the 18 th day of February 2025 by and between the City of Foster City hereinafter called "CITY" and The Kite School hereinafter called "CONCESSIONAIRE".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

A. That CONCESSIONAIRE engaged CITY for authorization to operate a concession at Baywinds Park Avenue;
B. That CONCESSIONAIRE is qualified to operate the concession; C. That the CITY and CONCESSIONAIRE wish to enter into an agreement upon the terms and conditions as hereinafter set forth.

1. Services. The services to be performed by CONCESSIONAIRE under this Agreement are set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of CONCESSIONAIRE under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

In performing the services described in Exhibit A, CONCESSIONAIRE agrees to comply with the additional terms and conditions described in Exhibit C, attached hereto and hereinafter incorporated by reference.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by CONCESSIONAIRE, whichever date shall first occur. (b) Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

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3. Compensation; Expenses; Payment. CONCESSIONAIRE shall compensate CITY in an amount fully described in Exhibit B attached hereto and by this reference incorporated herein.

4. Records. CONCESSIONAIRE shall keep and maintain accurate records of its gross receipts. Said records shall be available to CITY for review and copying during regular business hours at CONCESSIONAIRE's place of business or as otherwise agreed upon by the parties.

5. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

6. Relationship of Parties. It is understood that the relationship of CONCESSIONAIRE to the CITY is that of an independent contractor and all persons working for or under the direction of CONCESSIONAIRE are its agents or employees and not agents or employees of the CITY.

7. Schedule. CONCESSIONAIRE shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions or deviations from the schedule as needed to account for unavoidable circumstances; provided, however, that CONCESSIONAIRE obtains authorization from the CITY.

8. Indemnity. To the fullest extent allowed by law, CONCESSIONAIRE hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONCESSIONAIRE, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of CONCESSIONAIRE to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONCESSIONAIRE to indemnify CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

5.3 Attachment 2 - Agreement with The Kite School

18 3
CONCESSIONAIRE's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

9. Insurance . CONCESSIONAIRE shall acquire and maintain Workers' Compensation, employer's liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONCESSIONAIRE's services to be performed hereunder covering CITY's risks in form subject to the approval of the City Attorney and/or CITY's Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers' Compensation
Employer's Liability
Commercial General Liability
Automobile Liability
statutory minimum
$2,000,000 per accident for bodily injury
or disease
$2,000,000 per occurrence and
$4,000,000 aggregate for bodily injury,
personal injury and property damage
$2,000,000 per accident for bodily injury
and property damage (coverage required
to the extent applicable to
CONCESSIONAIRE's vehicle usage in
performing services hereunder)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

CONCESSIONAIRE agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by

5.3 Attachment 2 - Agreement with The Kite School

19 4
CONCESSIONAIRE shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as CONCESSIONAIRE is bound to CITY under this Agreement and its accompanying documents.

Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request.

CONCESSIONAIRE shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, CONCESSIONAIRE shall, on the Insurance Coverage form provided in Exhibit D, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, CONCESSIONAIRE must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under CONCESSIONAIRE's insurance policy shall be primary and non- contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONCESSIONAIRE's insurance and not contributory with it.

CONCESSIONAIRE and its insurer may not seek contribution from CITY's insurance or self-insurance.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY's insurance or self-insurance may be called upon to protect CITY as a named Insured.

5.3 Attachment 2 - Agreement with The Kite School

20 5
All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named CONCESSIONAIRE/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as
CONCESSIONAIRE is bound to CITY under this Agreement.

Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor's work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

CONCESSIONAIRE shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONCESSIONAIRE fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONCESSIONAIRE.

10. WORKERS' COMPENSATION. CONCESSIONAIRE certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONCESSIONAIRE certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

11. NON-DISCRIMINATION. The CONCESSIONAIRE will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONCESSIONAIRE will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONCESSIONAIRE shall at all times be in compliance with the

5.3 Attachment 2 - Agreement with The Kite School

21 6
requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONCESSIONAIRE agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

12. Notice. All notices required by this Agreement shall be given to the CITY and CONCESSIONAIRE in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Tiffany Oren, Recreation Manager
CONCESSIONAIRE: The Kite School
1223 Plum Street
San Jose, CA 95110
Attn: Tony Parsons
[email protected]

13. Non-Assignment. This Agreement is not assignable either in whole or in part.

14. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

15. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

16. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney's fees and expenses of litigation of the successful party.

17. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

5.3 Attachment 2 - Agreement with The Kite School

22 7

18. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated:
_________________________________
Stacy Jimenez, Mayor
ATTEST:

Dated:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONCESSIONAIRE
Dated:

Anthony Bruce Parsons, The Kite School

5.3 Attachment 2 - Agreement with The Kite School

23 8

EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT

BAYWINDS PARK
The concession agreement grants the right to the contracted vendor to use the Baywinds Park premises for the purpose of kiteboard lessons, retail, rental and demonstrations during the contract term. CONCESSIONAIRE shall provide materials and staff to provide the service and shall pay to CITY an annual concession fee and monthly use fee. This is a non-exclusive award that may be granted to multiple vendors simultaneously.

1. Scope of Deliverables:
a. Location and Equipment. CONCESSIONAIRE shall operate a concession at the area, Baywinds Park Windsurf/Kiteboard area, (the "premises") designated.

CONCESSIONAIRE shall provide all materials and equipment necessary to operate the concession at the premises.

2. Scope of Services:
a. Purpose; Days and Hours; Operation. The premises shall be used by CONCESSIONAIRE only for the purpose of kiteboard lessons, retail, and rental, as well as instructional clinics and equipment demonstrations to the general public.

The East 3rd Avenue concession shall be operated April 1 to October 31, averaging 6 days/week, from 1:00 PM to 7:00 PM, weather permitting, and at CONCESSIONAIRE's election on all other days and by appointment.

CONCESSIONAIRE may close operations during adverse weather or other adverse operating conditions. CONCESSIONAIRE will vacate the premises when requested by the CITY/DISTRICT for major events or for required maintenance as determined by the CITY/DISTRICT.
b. Safety; Compliance. CONCESSIONAIRE expressly agrees at all times during the term of this Agreement, at its own cost and expense, to maintain and operate the concession in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now or at any time during the term of this Agreement in force relating to public health, safety or welfare. Specifically, CONCESSIONAIRE shall provide to CITY for CITY’s approval prior to operating, a written COVID-19 safety protocol that includes, at a minimum, the appropriate implementation of social distancing, sanitization, and masks, that CONCESSIONAIRE will strictly enforce in order to comply with all applicable federal, state, and county Health Order(s). CONCESSIONAIRE shall comply with all laws, rules and regulations applicable thereto, adopted by federal,

5.3 Attachment 2 - Agreement with The Kite School

24 9
state or other governmental bodies or departments of officers thereof, and this Agreement is expressly subject to present and future regulations and policies of the CITY/DISTRICT.

CONCESSIONAIRE shall remedy without delay any defective or dangerous conditions.

No alcoholic beverage (including beer and wine) or goods, merchandise or material that are in any way explosive or hazardous shall be sold, kept or stored on the premises. No offensive or dangerous activity shall be carried on or permitted on the premises. c. Promotional Materials. CONCESSIONAIRE shall supply CITY/DISTRICT with copies of all promotional materials at least ten days prior to use thereof for its reasonable approval.
d. Parking. CONCESSIONAIRE shall park vehicles in areas designated by the CITY/DISTRICT. Employees and customers shall be directed by CONCESSIONAIRE to park in designated legal parking spaces. All regulations governing controlled parking spaces and fire lanes shall be observed. e. Taxes. CONCESSIONAIRE shall pay when due all taxes levied on personal property on the premises and shall pay any possessory interest tax that may be levied in connection with use of the premises, CONCESSIONAIRE agreeing to indemnify and save CITY/DISTRICT harmless from all such taxes. f. Condition of Premises. CONCESSIONAIRE agrees to accept the premises and any improvements thereon in the existing condition, "as-is." CITY/DISTRICT shall not be obligated to make any alterations, additions, improvements or repairs to the premises.
g. Personnel. CONCESSIONAIRE shall keep the CITY/DISTRICT advised, in writing, of the names, mailing addresses, and phone numbers of all of its employees and/or volunteers engaged in operating the concession at the premises. All employees shall be at least 16 years of age and fully trained and qualified to perform duties assigned to them. Volunteers who are age 15 and under shall be accompanied by an adult while on the premises. Employees and/or volunteers shall be recognizable as employees/volunteers of the concession.
h. Quality of Service; Rates and Charges. CONCESSIONAIRE agrees that it will maintain a high standard of service. Products sold and service rendered shall be of good quality and that the service shall be prompt, clean, courteous and efficient. i. Park Inspection and Maintenance. CITY/DISTRICT reserves the right of entry upon the premises at all reasonable times for inspection purposes and to do any and all work of any nature necessary for maintenance and operation of park in which the premises are located. CONCESSIONAIRE shall be given reasonable notice when any such work may become necessary and will adjust concession operations in such a manner that CITY/DISTRICT may proceed expeditiously. CITY/DISTRICT

5.3 Attachment 2 - Agreement with The Kite School

25 10
shall coordinate with CONCESSIONAIRE in an attempt to cause a minimum of interference with CONCESSIONAIRE's activities.

3.Project Schedule

19.Term. The initial term of the Agreement shall commence upon execution of the agreement and expire on December 31, 2027.

20.Term Extensions. The contract term may be renewed at the CITY’s sole option for up to two (2) one-year (12 months) increments. Within six (6) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying the CONCESSIONAIRE in writing.

5.3 Attachment 2 - Agreement with The Kite School

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EXHIBIT B
CONCESSIONAIRE’S FEES and PAYMENT MILESTONES

1. Fees and Payments
a. Concession Fee. CONCESSIONAIRE shall pay the CITY/DISTRICT, without demand, the agreed upon concession fee of $1,000 prior to the start of each annual season and before trailer placement. There shall be no proration of the concession fee, regardless of season start date.
b. Monthly Fee. CONCESSIONAIRE shall pay the CITY/DISTRICT the agreed upon monthly fee of $500 during the windsurf/kiteboard season from April through October. The monthly fee is due to the Recreation Manager by the 15 th of each month. For the 2025 season, monthly fees shall become due starting in the month that services are first provided by CONCESSIONAIRE at the site. c. Records; Inspection. CONCESSIONAIRE shall keep true and complete books and records showing all of concession business transactions separately from any other business of CONCESSIONAIRE, in a manner reasonably acceptable to the CITY/DISTRICT. CONCESSIONAIRE shall preserve all such records for at least three years following the date of the last transaction recorded therein.

CITY/DISTRICT shall have the right through its representatives, at all reasonable times, to inspect such books and records, including State of California Sales Tax and Federal Income Tax return. CITY/DISTRICT shall also have the right to examine all books and records at any time during the one-year period following the termination of this Agreement. CONCESSIONAIRE agrees that as part of his record keeping activity he shall:
(a)Record all purchases on the register showing a digital read-out of the total sale amount to the customer at the time of the sales transaction. (b)Supply detail register tapes of daily sales transactions upon request for review at any time.
(c)Utilize a separate deposit bank account for all receipts from the premises prior to transfer thereof to any other depository.

2. Project Payment Schedule.
(a)CONCESSIONAIRE shall annually on December 1 st pay the CITY, without demand, a concession fee of $1,000 prior to the Kiteboarding Season. For the 2025 season the fee will be paid prior to beginning operations (b)By the 15 th of each month, CONCESSIONAIRE shall pay the CITY, without demand, a monthly $500 use fee for each prior calendar month.

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

1.Agreement. The Concession Agreement will be entered within ten days following notification of such award (via City Clerk's office).

2.Business License. A current business license is required to operate a concession in the City of Foster City.

3.Shared Use of Space. In the event that multiple concessions are awarded, all vendors at the site shall endeavor to equitably utilize the space and collaborate to fulfill all terms of the agreement. Where consensus is not reached by concessionaires, conflicts will be settled at the sole discretion of CITY/DISTRICT’s representative.

4.Signs. CITY/DISTRICT reserves the right to approve or deny all signs proposed to be placed on the premises. All signs must comply with City's sign ordinance (FCMC

15.12.160). The following will NOT be allowed:
(a) Signs that flash, blink or reflect light by means of a glossy, polished, or mirrored surface;
(b) Searchlights, open flames, balloons, banners pennants and loudspeakers used to call attention to a product, service or property; (c) Signs placed on, affixed to, or erected on or over public property, rights-of- way, or waterways;
(d) Signs that identify or advertise a product or service not available on the premises;
(e) Signs erected on roofs or above the first story of multistory buildings; (f) Signs facing directly on residential property;
(g) Internally illuminated signs with a directly exposed neon tube; (h) Externally illuminated signs where the source of light is directly visible to pedestrians or vehicular traffic;
(i) Signs that emit or reflect light by means of direct fluorescence, phosphorescence or "day-glow" colors;
(j) Signs facing on a freeway except secondary frontage commercial business identification signs to designate the name of the business; (k) Signs that obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles;
(l) Signs that obstruct the free use of any exit, entrance, window vent, emergency access, fire lane or standpipe;
(m) Signs that may interfere with, obstruct, confuse or mislead traffic; (n) Signs that exhibit undue glare;
(o) Signs placed or displayed on vehicles parked primarily for the purpose of displaying the sign;
(p) Sandwich board "A" frame sign or other portable sign; (q) Signs that utilizes visible guy wires, angle irons or iron frame structures;

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(r) Changeable copy signs;
(s) Signs nailed, tacked or otherwise affixed to trees or other vegetation; (t) Signs consisting of several sheets of paper connected together by perforations, tape, staples or any other means;
(u) Any other signs not specifically allowed in the Municipal Code; however, nothing in this chapter shall be construed to prohibit any sign, notice or advertisement required by law.

5.Onsite Storage. One trailer location for onsite storage will be approved by the City for use under this agreement. Advance notice to the Recreation Manager by April 1 each year is required in order to go through the InterDepartmental Evaluation Committee (IDEC) process to have any new location approved. Trailers may be in place from April 1 to October 31. Any graffiti that occurs during the time the trailer is on site must be removed within 48 hours.

6.Demonstrations and Events. Demonstrations and events may be coordinated at the premises on the condition that they do not interfere with concession operations and that they are arranged no less than seven business days in advance with the Parks and Recreation Department. The permit fee for a demonstration or event is $200 per day. CONCESSIONAIRE may coordinate a demonstration with an existing concessionaire under the concessionaire's liability insurance, which requires the concessionaire to complete an Agreement for Recreation Services, Park Permit Application, and payment. Those not coordinating a demonstration through an existing concessionaire must contact the Parks and Recreation Department for: Agreement for Recreation Services; Park Permit Application; proper liability insurance coverage requirements; and payment.

5.3 Attachment 2 - Agreement with The Kite School

29 EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention:

Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

D General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
D Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

D Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

D Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

I
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer's limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) _____________________________________ DATE ISSUED:

5.3 Attachment 2 - Agreement with The Kite School

30 1
2 9
6 0

CONCESSIONS AGREEMENT
FOR

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS

AT BAYWINDS PARK
This Agreement is made and entered into as of the 18 th day of February 2025 by and between the City of Foster City hereinafter called "CITY" and Wind Over Water hereinafter called "CONCESSIONAIRE".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

5.3 Attachment 3 - Agreement with Wind Over Water

31 3. Compensation; Expenses; Payment. CONCESSIONAIRE shall compensate CITY in an amount fully described in Exhibit B attached hereto and by this reference incorporated herein.

5. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

5.3 Attachment 3 - Agreement with Wind Over Water

32 3
CONCESSIONAIRE's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

5.3 Attachment 3 - Agreement with Wind Over Water

33 4
CONCESSIONAIRE shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as CONCESSIONAIRE is bound to CITY under this Agreement and its accompanying documents.

CONCESSIONAIRE and its insurer may not seek contribution from CITY's insurance or self-insurance.

5.3 Attachment 3 - Agreement with Wind Over Water

34 5
All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named CONCESSIONAIRE/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as
CONCESSIONAIRE is bound to CITY under this Agreement.

5.3 Attachment 3 - Agreement with Wind Over Water

35 6
requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONCESSIONAIRE agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

12. Notice. All notices required by this Agreement shall be given to the CITY and CONCESSIONAIRE in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Tiffany Oren, Recreation Manager
CONCESSIONAIRE: Wind Over Water
Attn: Jeff Kafka
551 Terrace Ave.

Moss Beach, CA 94038
[email protected]

13. Non-Assignment. This Agreement is not assignable either in whole or in part.

14. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

15. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

5.3 Attachment 3 - Agreement with Wind Over Water

36 7

18. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated:

Stacy Jimenez, Mayor
ATTEST:

Dated:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONCESSIONAIRE
Dated:

Jeff Kafka, Wind Over Water, LLC

5.3 Attachment 3 - Agreement with Wind Over Water

37 8

EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT

1. Scope of Deliverables:
a. Location and Equipment. CONCESSIONAIRE shall operate a concession at the area, Baywinds Park Windsurf/Kiteboard area, (the "premises") designated.

CONCESSIONAIRE shall provide all materials and equipment necessary to operate the concession at the premises.

5.3 Attachment 3 - Agreement with Wind Over Water

38 9
state or other governmental bodies or departments of officers thereof, and this Agreement is expressly subject to present and future regulations and policies of the CITY/DISTRICT.

CONCESSIONAIRE shall remedy without delay any defective or dangerous conditions.

5.3 Attachment 3 - Agreement with Wind Over Water

39 10
shall coordinate with CONCESSIONAIRE in an attempt to cause a minimum of interference with CONCESSIONAIRE's activities.

3.Project Schedule

19.Term. The initial term of the Agreement shall commence upon execution of the agreement and expire on December 31, 2027.

5.3 Attachment 3 - Agreement with Wind Over Water

40 11

EXHIBIT B
CONCESSIONAIRE’S FEES and PAYMENT MILESTONES

5.3 Attachment 3 - Agreement with Wind Over Water

41 12

EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

1.Agreement. The Concession Agreement will be entered within ten days following notification of such award (via City Clerk's office).

2.Business License. A current business license is required to operate a concession in the City of Foster City.

4.Signs. CITY/DISTRICT reserves the right to approve or deny all signs proposed to be placed on the premises. All signs must comply with City's sign ordinance (FCMC

5.3 Attachment 3 - Agreement with Wind Over Water

42 13
(r) Changeable copy signs;
(s) Signs nailed, tacked or otherwise affixed to trees or other vegetation; (t) Signs consisting of several sheets of paper connected together by perforations, tape, staples or any other means;
(u) Any other signs not specifically allowed in the Municipal Code; however, nothing in this chapter shall be construed to prohibit any sign, notice or advertisement required by law.

5.3 Attachment 3 - Agreement with Wind Over Water

43 EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention:

D Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

Professional Liability:

I
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

5.3 Attachment 3 - Agreement with Wind Over Water

44 5.3
Attachment 4 - The Kite School Proposal

45 5.3
Attachment 4 - The Kite School Proposal

46 5.3
Attachment 4 - The Kite School Proposal

47 5.3
Attachment 4 - The Kite School Proposal

48 5.3
Attachment 4 - The Kite School Proposal

49 5.3
Attachment 4 - The Kite School Proposal

50 5.3
Attachment 4 - The Kite School Proposal

51 5.3
Attachment 5 - Wind Over Water Proposal

52 5.3
Attachment 5 - Wind Over Water Proposal

53 5.3
Attachment 5 - Wind Over Water Proposal

54 5.3
Attachment 5 - Wind Over Water Proposal

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Attachment 5 - Wind Over Water Proposal

76 DATE: February 18, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Manager
SUBJECT: AUTHORIZING THE REQUEST FOR PROPOSAL FOR THE

INTEGRATED ADAPTIVE CANADA GOOSE MANAGEMENT PLAN

IMPLEMENTATION

RECOMMENDATION
It is recommended that City Council adopt the attached resolution authorizing the Request for Proposal for the Integrated Adaptive Canada Goose Management Plan (Plan) implementation.

EXECUTIVE SUMMARY
Canada goose management consists of implementing a comprehensive program to address the ongoing challenges associated with the increasing population of Canada geese in Foster City parks and open spaces. The impacts of Canada geese include:
Excessive fecal matter affecting park cleanliness and usability. Degradation of turf, water quality, and other natural resources. Increased complaints from residents and park users.
Elevated maintenance costs to address goose-related impacts.

Adoption of the resolution will authorize the issuance of a Request for Proposal to secure professional services for Canada Goose Management. Once responses have been received, staff anticipate returning to the City Council on April 7, 2025, with a recommendation to award a contract.

5.4 5.4 Staff Report

77 BACKGROUND
The City of Foster City manages twenty-four (24) parks that provide recreational and environmental benefits for the community. Over the years, the growing population of Canada geese in these areas has posed significant challenges. The City has implemented various short-term mitigation measures, such as increased cleaning and deterrents, but these efforts have not produced the desired results.

At the regular City Council meeting on December 2, 2024, the City Council approved the Plan which provides a comprehensive framework for addressing the impacts of Canada geese. The plan outlines strategies to mitigate damage to turf, improve water quality, and reduce maintenance costs. It emphasizes humane and effective solutions, including habitat modification, population control measures, and public education. The recommendations in the plan serve as the foundation for the proposed Request for Proposals (RFP) to secure professional services to implement these strategies.

Staff is seeking City Council approval to engage a wildlife management firm to implement the proposed strategies outlined in the City’s Plan.

ANALYSIS
The scope of work for the Plan Implementation RFP will include:
Assessment and Planning: Conducting a detailed assessment of Canada goose populations, behaviors, and impacts within City parks and open spaces, and developing a site-specific management plan.
Implementation of Management Techniques: Recommending and deploying evidence-based deterrent methods, such as habitat modification, exclusion techniques, and aversion conditioning, as well as egg-addling or other population control measures in compliance with federal and state regulations. Monitoring and Reporting: Establishing benchmarks for success, monitoring progress, and providing regular reports to the City on outcomes and adjustments to strategies.
Community Engagement and Education: Conducting outreach to inform the public about the program’s goals, methods, and expected outcomes.

This effort will serve as a pilot program focusing on Erckenbrack, Gull, and Marlin parks with the highest Canada goose activity to evaluate and refine management techniques.

A comprehensive range of hazing and deterrent methods will be implemented in these locations to determine the most effective strategies for reducing goose-related impacts.

Findings from this initial phase will provide critical data on the success of various techniques, allowing staff to adjust and optimize the approach before broader implementation. Once the most effective methods are identified, the City will expand

5.4 5.4 Staff Report

78 successful efforts to additional parks impacted by Canada geese, ensuring resources are used efficiently while maximizing long-term management success.

The proposed terms of the agreement shall be an initial partial term from April 2025 and ending December 31, 2025 with two optional one-year extensions based on performance and need. The first optional extension term will run from January 1, 2026, through December 31, 2026. The second optional extension term will run from January 1, 2027, through December 31, 2027.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Not applicable. There is no impact in issuing the Request for Proposal. At the December 2, 2024 the City Council via City Resolution No. 2024-127 adopted the Initial Study (IS) and Mitigated Negative Declaration (MND), with all findings and standard conditions of approval and Mitigation Monitoring and Reporting Program (MMRP), pursuant to the California Environmental Quality Act (CEQA) for the Plan. Implementation of the Plan, including various management techniques, was contemplated as part of the IS/MND.

FISCAL IMPACT
There is no significant cost to issue the Request for Proposal. The fiscal impact of the proposed services will be evaluated and discussed in the Staff Report accompanying the contract award recommendation at a future Council meeting.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Request for Proposal

5.4 5.4 Staff Report

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8 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING THE REQUEST FOR PROPOSAL FOR THE INTEGRATED ADAPTIVE

CANADA GOOSE MANAGEMENT PLAN IMPLEMENTATION

CITY OF FOSTER CITY
WHEREAS, at the regular meeting held December 2, 2024 the City Council via City Resolution No. 2024-127 adopted the Initial Study (IS) and Mitigated Negative Declaration (MND), with all findings and standard conditions of approval and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Integrated Adaptive Canada Goose Management Plan (“Plan”); and approved the Plan which would inform and guide implementation for the reduction of Canada Geese (CAGO) impacts to City parks and other public spaces; and WHEREAS, the City seeks to engage a wildlife management firm to implement the proposed strategies outlined in the City’s Plan; and
WHEREAS, the City Council adopted a resolution authorizing the Request for Proposal for the Integrated Adaptive Canada Goose Management Plan (Plan) implementation; and
WHEREAS, the scope of work for the RFP includes the following:
Assessment and Planning: Conducting a detailed assessment of Canada goose populations, behaviors, and impacts within City parks and open spaces, and developing a site-specific management plan.
Implementation of Management Techniques: Recommending and deploying evidence-based deterrent methods, such as habitat modification, exclusion techniques, and aversion conditioning, as well as egg-addling or other population control measures in compliance with federal and state regulations.
Monitoring and Reporting: Establishing benchmarks for success, monitoring progress, and providing regular reports to the City on outcomes and adjustments to strategies.
Community Engagement and Education: Conducting outreach to inform the public about the program’s goals, methods, and expected outcomes.

WHEREAS, the implementation will consist of a pilot program focusing on Erckenbrack, Gull, and Marlin parks which have the highest Canada goose activity to evaluate and refine management techniques; and
WHEREAS, based on the results of the initial phase, the City will expand successful efforts to additional parks impacted by Canada geese, ensuring resources are used efficiently while maximizing long-term management success.

5.4 Attachment 1 - Resolution

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8 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the request for proposals for the Integrated Adaptive Canada Goose Management Plan Implementation.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - Resolution

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9 COUNTY OF SAN MATEO, CALIFORNIA

PARKS AND RECREATION DEPARTMENT

PARKS MAINTENANCE DIVISION

REQUEST FOR PROPOSAL
FOR
Integrated Adaptive Canada Goose Management Plan
Project Implementation

PROPOSAL DUE: March 20, 2025 by 2:00 pm
by email to [email protected]
Questions about this RFP may be addressed to
Frank Fanara, Parks Maintenance Manager
(650) 286-3553
[email protected]

5.4 Attachment 2 - Request for Proposal

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9 CITY OF FOSTER CITY

REQUEST FOR PROPOSAL
Integrated Adaptive Canada Goose Management Plan
Project Implementation

1. PURPOSE
The City of Foster City invites proposals from qualified contractors to implement the recently developed Integrated Adaptive Canada Goose Management Plan (hereinafter referred to as the “Plan”). This Plan provides a comprehensive strategy for mitigating conflicts caused by Canada Geese (CAGO) in City parks and public spaces while ensuring compliance with environmental and regulatory requirements, including CEQA.

2. BACKGROUND
Foster City’s 24 parks, which encompass over 160 acres of recreational spaces, have faced increasing challenges from resident Canada Geese populations. These challenges include property damage, public health concerns, and conflicts with recreational use. The Canada Goose Management Plan was developed by Wildlife Innovations, Inc. to provide strategies for addressing these issues, including habitat modifications, non-lethal deterrence measures, and education campaigns.

3. SCOPE OF WORK
The selected contractor will be responsible for executing the strategies outlined in the Canada Goose Management Plan, with a focus on humane, non-lethal management methods. The scope of work for the Plan Implementation will include:
Assessment and Planning: Conducting a detailed assessment of Canada goose populations, behaviors, and impacts within City parks and open spaces, and developing a site-specific management plan.
Implementation of Management Techniques: Recommending and deploying evidence- based deterrent methods, such as habitat modification, exclusion techniques, and aversion conditioning, as well as egg-addling or other population control measures in compliance with federal and state regulations.
Monitoring and Reporting: Establishing benchmarks for success, monitoring progress, and providing regular reports to the City on outcomes and adjustments to strategies. Community Engagement and Education: Conducting outreach to inform the public about the program’s goals, methods, and expected outcomes.

The contractor will carry out tasks identified in Phase III of the Plan, which include public outreach, habitat modification, aversive conditioning, surveillance of CAGO, data logging, and achieving identified measures of success.

5.4 Attachment 2 - Request for Proposal

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9 Conflict Mitigation Methods for Priority Parks
Pilot implementation will concentrate efforts on the three high-priority parks—Marlin Park, Gull Park, and Erckenbrack—as identified in the Plan, utilizing methods proposed and vetted through the CEQA process during Phases II and III by the CAGO Conflict Mitigation Team (CCMT).

Summary of the Canada Goose Management Techniques for Foster City, CA.

Technique Description
Remote Controlled Devise (RCD)
Land-based and/or amphibious remote-controlled devices
(brightly colored device that resembles a canid predator), aerial drones, and/or remote-controlled boats will be used to haze CAGO. If necessary, a speaker, capable of
playing sounds that can make geese feel more uneasy
(e.g., predator calls), will be used with such devices to increase effect.

Boat Operation for Surveillance and Hazing of CAGO
A small electric boat can be used to be used to conduct surveillance of and haze CAGO in the lagoon where
vehicle or shoreline access are not possible from land.

Boats will allow personnel to get closer to CAGO to deploy other hazing methods or devices as needed. Boat
operations are intended to increase hazing effectiveness and will typically be used in combination with another
technique during the day or night. If a gasoline powered boat would require permission from the Department of Public Works.

Noise Makers
Dynamic noise making devices/speakers with capability of playing natural predator sounds, CAGO distress calls, or other irritating sounds, when triggered may be placed on the front of a boat, on a drone or other RCD, or placed in a fixed position within the parks and operated remotely.

Trained Conservation Dogs
Trained dogs or a dog team will be used to haze CAGO
from within the parks. Trained handlers will direct the dogs to pursue gaggles and/or individuals of CAGO until all
birds take flight and leave the area.
Dogs must be trained and capable of performing
their techniques both on land and in the water.

Dogs must be able to enter the water when
commanded by the handler.
Vendor will determine the number of dogs
needed, with a minimum of one dog per park,
based on the size of the area and the number of
geese to be controlled.
Vendor must have trained dog handlers and dogs,
along with necessary support staff and equipment
to meet the service requirements.

Lasers (hand-held) Lasers (green) will be used to flush foraging, roosting, and nesting geese from treatment areas.

Lighting Localized LED lighting, such as a fox light, will be placed in CAGO nesting areas that are on public land. Lights will be

5.4 Attachment 2 - Request for Proposal

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9 Technique Description
placed in fixed positions to deter CAGO from nesting or roosting.

Balloons
Balloons (e.g., Scare Eyes) would be secured and
mounted to deter CAGO from nesting or roosting in areas.

Balloons would be anchored down.

Fogger
A backpack-style mobile mist blower would be used to
emit grape-seed extract (EcoBird 4.0, EPA#: 86583-4)
into the air up-wind from CAGO that are observed loafing, resting, or foraging within parks.

Optional Servies
Addling or Oiling of Eggs Eggs within CAGO nests would be addled, by vigorously shaking them, coating with 100% corn oil, or removed
completely to prevent CAGO eggs from hatching.
Conduct egg addling operations at Bair Island and
within Foster City limits to control local Canada
Goose populations.
Identify active nests during nesting season and
apply approved egg addling techniques to prevent
hatching.
Ensure compliance with all regulatory
requirements, including obtaining permits under
the Migratory Bird Treaty Act (MBTA).
Coordinate with local agencies and stakeholders,
as needed, to carry out this activity effectively and
humanely.
Ensure compliance with the mitigation measures
identified in the Mitigation Monitoring and
Reporting Program (MMRP) for the Plan.

Task Description
Monitoring and Metrics:

Develop measurable metrics to track the success of
implementation, such as:
Reduction in goose populations at key locations.
Decrease in property damage or complaints related
to geese.
Improvement in environmental health metrics, such
as water quality.

Use GPS or other tracking tools to map goose activity and assess deterrent effectiveness.

Submit detailed reports at regular intervals, including data analysis, photographs, and recommendations for adapting strategies.

Regulatory Compliance
Ensure all activities are aligned with local, state, and federal regulations, including compliance with the Migratory Bird Treaty Act (MBTA) and CEQA requirements.

5.4 Attachment 2 - Request for Proposal

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9 Technique Description
Secure any necessary permits for activities such as hazing, habitat modifications, or chemical repellents.

Public Outreach and Education
Collaborate with City staff to develop public education materials, including signage, flyers, and social media content, to explain the Plan’s goals and methods.

Host or participate in community workshops or events to raise awareness about the Plan and foster public support as needed upon request.

Address community/Cit Council concerns or misconceptions about the strategies being implemented
Adaptive Management
Use monitoring data to refine strategies and adapt methods based on effectiveness.

Collaborate with City staff to identify new challenges or opportunities during the contract term.

Propose additional measures if unexpected issues arise or initial strategies are less effective than anticipated
Cost Management and Resource Allocation
Optimize resource allocation to ensure cost-effective
implementation of all strategies.

Provide detailed budget tracking and ensure expenditure remains within the approved contract amount.

4. CONTRACT TERM
Term. The initial term of the Agreement shall be from, from April 14, 2025 to December 31, 2025. The Agreement may be renewed at the sole discretion of the City Manager subsequently in two, one-year (12 months), increments as follows:
The first optional extension term will run from January 1, 2026, through December 31, 2026
The second optional extension term will run from January 1, 2027, through December 31, 2027
Term Extensions. The contract term may be extended at the CITY’s sole option, at the discretion of the Parks and Recreation Director, for up to two (2) one-year (12 months) increments. Within six (6) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying the Contractor in writing. All unit prices shall be increased by 2% in Year 2 and by 2% in Year 3 if the City exercises its rights to extend.

5.4 Attachment 2 - Request for Proposal

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9 Compensation for services shall be based on the unit price provided Pricing Schedule within the Proposal Response Form. Contractor shall submit monthly billing statements.

5. PROPOSAL REQUIREMENTS
Proposals must include the following:

A. Company Background and Qualifications
oDescription of the company, relevant experience in wildlife or goose management, and similar completed projects.

B. Proposed Approach
oDetailed plan for implementing the Canada Goose Management Plan, including timelines, methodologies, and tools.

C. Key Personnel
oResumes and qualifications of individuals assigned to the project.

D. Cost Proposal
oA detailed cost estimate, including labor, equipment, materials, and any additional fees.

E. References
oContact information for at least three (3) clients for whom similar services have been provided.

F. Additional Information
oAny recommendations for enhancing the implementation of the Plan

6. GENERAL SPECIFICATIONS
The Contractor shall comply with all general specifications/standards described herein.
a. The Contractor shall be required to enter into an agreement with the City, a draft of which is included as an attachment to this Request for Proposal. Any exceptions to the agreement should be identified in the proposal.
b. The price given by the Contractor for Integrated Adaptive Canada Goose Management Plan Implementation shall be inclusive of all staff, labor, materials, and equipment necessary to perform the services as described herein.

5.4 Attachment 2 - Request for Proposal

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9 c. Contractor shall take every precaution to safeguard and protect public and private property during performance of this contract. Any damage caused by Contractor’s personnel or equipment shall be the sole responsibility of the Contractor to promptly repair and/or replace in equal or better condition at no additional cost to the City.
d. The Contractor shall be fully responsible for any and all damage to City property, private property, equipment, or other property resulting from the Contractor’s operations under this Contract. This shall include, but not limited to, the repair and/or replacement, at Contractor’s expense, of any irrigation system components, objects, shrubs, trees, vines, turf, groundcover or other landscape items that are lost or damaged due to contractor’s negligence. Repairs shall be made using components matching those that were damaged.
e. The Contractor shall NOT perform any work on non-City maintained areas or private property without direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the Parks Manager.
f. The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the requirements of the contract. g. Service operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public.

Convenient access to driveways, houses, and buildings along the line of work shall be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. h. All work shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL- OSHA. The Parks and Recreation Director reserves the right to issue restraining or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract. i. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from Contractor’s operations. Any hazardous condition noted by the Contractor, which is not the result of his/her operations, shall be immediately reported to the Parks Maintenance Manager.

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9 j. The Contractor shall at all times in performing the services in the scope of work, comply with the Initial Study/ Mitigated Negative Declaration, including the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP) for the Plan.

Attachments:

1. Proposal Response Form

2. Draft Agreement for Services

5.4 Attachment 2 - Request for Proposal

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9 Attachment 1
Proposal Response Form
Fill out the form completely and submit by the due date.

Incomplete or late responses will not be considered.

SECTION 1: Contact Information
Business Name: ________________________________________________________________________ Contact Name:__________________________________________________________________________ Address:_______________________________________________________________________________ Phone #:_______________________________________________________________________________ Email:_________________________________________________________________________________ SECTION 2: Addenda
I acknowledge receipt of the following addenda:

Addenda Number Date
SECTION 3: Applicable Licenses and Certifications
Section 4: Contract
Please list exceptions to any of the terms of the agreement, including required insurance coverage.

SECTION 5: Submittal Instructions
Proposals are due by email to [email protected] no later than March 20, 2025. There is no formal bid-opening. Proposers are responsible to ensure that submittals have been successfully transmitted and received.

By signing below, I attest that the information contained in this proposal is true and correct.

SIGNATURE OF CONTRACTOR AUTHORIZED TO SIGN AGREEMENTS DATE

PRINT NAME AND TITLE

5.4 Attachment 2 - Request for Proposal

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9 PRICING SCHEDULE
Service Description Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Conduct site assessments
tailored to each park’s
conditions (Marlin, Gull,
Erckenbrack)
Per park
assessment as
needed per the
Integrated
Adaptive
Management
Plan
3 parks
Evaluate park-specific
challenges (e.g., proximity to
water, nesting habits)
Per evaluation As needed
Hazing and Deterrent
Techniques
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Use of trained dogs to chase
geese (includes handlers and
equipment)
Per visit Twice daily (5
days/week)
Remote-controlled devices (e.g.,
drones) to deter geese activity
Per visit As needed
(specify)
Aversive conditioning (e.g., laser
pointers, sound deterrents)
Per session TBD based on
activity
Fogging using backpack style
mobile mist blower emitting
grape seed
Monitoring and Metrics Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Track success using GPS tools
and measurable metrics (e.g.,
population reduction, water
quality improvement)
Submit detailed reports
(including data analysis and
recommendations)

5.4 Attachment 2 - Request for Proposal

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9 Regulatory Compliance Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Secure permits for chemical
repellents as needed.

Adaptive Management
and Maintenance
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Refine strategies based on
monitoring data and ongoing
challenges
Optional Services
Descriptions
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Secure required permits to begin
egg addling on Bair Island (Don
Edwards San Francisco Bay
National Wildlife Refuge)
Conduct egg addling operations
during nesting season and keep
accurate records of total nests
and eggs addled
Public Outreach and
Education
Unit Quantity
(Estimated)
Unit Cost
($)
Total Cost ($)
Develop public education
materials (e.g., signage, flyers,
social media content)
Host or participate in community
workshops or events as needed.

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9 Attachment 2

PROFESSIONAL SERVICES AGREEMENT
FOR

INTEGRATED ADAPTIVE CANADA GOOSE MANAGEMENT PLAN

IMPLEMENTATION
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part,

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9 for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

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9 CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

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9 CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of

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9 CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability

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9 arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to

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9 employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Frank Fanara
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address
for CONSULTANT)

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

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9 21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or

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breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”). [For consideration if applicable:] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Stacy Jimenez, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Type Name & Title of CONSULTANT
Authorized to Sign

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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR
Integrated Adaptive Canada Goose Management Plan Implementation [EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: Description of Project

2.Basic Services:

The CITY has developed a general scope of work as described below.

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

Maximum Payment Amount

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

List Methods of Payment

3. TIMES OF PAYMENTS.

List Times of Payments

PROJECTS AND SCHEDULE
List Project Schedule

DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

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1. PROJECT DELIVERABLES

1.1DELIVERABLES: List of Deliverables

1.2OTHER:

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
[Specify Consultant’s hourly rates for which services hereunder shall be performed]

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EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT.

UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.] ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

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1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude

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the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

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WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company. _____________________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) _____________________________________________________________ TITLE
_____________________________________________________________

ORGANIZATION
_____________________________________________________________

ADDRESS
_____________________________________________________________

TELEPHONE
_____________________________________________________________ DATE ISSUED :

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ___________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be

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entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non- compensable, except as otherwise expressly stated herein.

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID- 19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an

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exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.

IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

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DATE: February 18, 2025

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Matt Turturici, Fire Chief
Robert Marshall, Deputy Fire Chief
DEPARTMENT: San Mateo Consolidated Fire
SUBJECT: ADOPTING THE UPDATED EMERGENCY SERVICES COUNCIL

JOINT POWERS AGREEMENT

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution authorizing the Mayor to execute the Second and Restated Joint Exercise of Powers Agreement for the San Mateo County (SMC) Operational Area Emergency Services Organization (“Organization”), also known as Emergency Services Council (ESC).

EXECUTIVE SUMMARY
The ESC brings together local governments, special districts, and other entities to coordinate emergency planning and response, including for hazardous materials. The ESC engages in planning with respect to all phases of the emergency management cycle: prevention, protection, response, recovery, and mitigation efforts, while also maintaining key public information systems like SMC Alert.

The ESC recently revised the Memorandum of Understanding (MOU) between all parties because of changes to the San Mateo County Department of Emergency Management (DEM).

Foster City has a primary and an alternate representative to the ESC. The primary representative is Councilmember Niederhofer and the alternate is Councilmember Sullivan.

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BACKGROUND/ANALYSIS

The ESC last revised and restated the Joint Exercise of the Powers Agreement (“Agreement”) on November 17, 2014. Since the Agreement is updated as needed, it has become outdated following significant changes within the DEM, which now operates as a standalone agency separate from the San Mateo County Sheriff’s Office.

To accurately reflect the current responsibilities of the DEM and the ESC, the ESC unanimously approved the changes to the JPA. Foster City partners with ESC and DEM to receive services such as Hazmat Responses, Emergency Alert and Warning, and Training and Exercises for the whole Operational Area.

Key changes to the Agreement, include:

Standardizing nomenclature;
Updating agreement language; and
Clarifying and defining the roles of:
oThe ESC
oThe ESC Finance Committee
oThe DEM
In addition to the MOU itself, a crosswalk detailing all of the changes is attached to this staff report.

To ensure that Foster City continues to receive these services, it is recommended that the City Council adopt the updated JPA MOU.

California Environmental Quality Act
This agreement amendment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

FISCAL IMPACT
There is no fiscal impact associated with this action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Second Revised and Restated Joint Exercise of Powers Agreement

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Attachment 3 – ESC-JPA MOU Crosswalk

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RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SECOND

REVISED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR THE

SAN MATEO OPERATIONAL AREA EMERGENCY SERVICES ORGANIZATION (ALSO KNOWN AS EMERGENCY SERVICES COUNCIL)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City is a party in the San Mateo County Operational Area Joint Powers Agreement, a joint powers authority established pursuant to California Government Code §6500 et seq.; and
WHEREAS, the Emergency Services Council (ESC) brings together local governments, special districts, and other entities to coordinate emergency planning and response, including for hazardous materials; and
WHEREAS, the ESC engages in planning with respect to all phases of the emergency management cycle: prevention, protection, response, recovery, and mitigation efforts, while also maintaining key public information systems like SMC Alert; and
WHEREAS, the Second Revised and Restated Joint Exercise of Powers Agreement was updated and modernized by the San Mateo Area Department of Emergency Services, along with other San Mateo County representatives, achieving compliance with both State and Federal emergency management systems.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the Mayor to execute the Second Revised and Restated Joint Exercise of Powers Agreement for the San Mateo Operational Area Emergency Services Organization.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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DATE:February 18, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services
SUBJECT: CONTRACT AMENDMENT NO. FOUR (4) IN THE AMOUNT OF $40,000 TO THE AGREEMENT WITH IT’S PERSONNEL

CONSULTING FOR HUMAN RESOURCES

CONSULTNG SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. 4 (CA #4) in the amount of $40,000 with It’s Personnel Consulting, Inc. for additional Risk Management and Workers Compensation consulting services for a revised total contract amount not to exceed $250,000.

EXECUTIVE SUMMARY
In July 2022, due to staffing shortages, the City entered into a Professional Services Agreement with It’s Personnel Consulting, Inc. (It’s Personnel) to provide specialized Human Resources (HR) support services in various areas including recruitment, classification/compensation, benefits administration, leave administration and other HR functions (“Agreement”).

A First Amendment to the Agreement (CA #1) was approved in May 2023. A Second Amendment to the Agreement (CA #2) was approved in August 2023 and a Third Amendment to the Agreement (CA #3) was approved in May 2024 revising the total contract amount to $210,000.

A Fourth Amendment to the Agreement (CA #4) in the amount of $40,000 is now

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necessary to continue to provide Risk Management and Workers Compensation consulting services. With CA #4, the revised total contract amount will be $250,000.

BACKGROUND/ANALYSIS
On July 21, 2022, the City and It’s Personnel entered into a Professional Services Agreement to assist with various HR services including recruitment, classification/compensation, benefits administration, leave administration and other HR functions. These services were provided on an as-needed basis up to a maximum Agreement amount of $20,000.

On May 22, 2023, a First Amendment to the Agreement was entered into by the City Manager to increase the contract amount based on recent vacancies that occurred in the HR Department to ensure HR services continued. The services continued to be provided on an ad-hoc basis as needed but also included a Senior HR Analyst resource for the more complex and specialized services for an additional amount of $29,000 increasing the maximum Agreement amount to $49,000. The City Manager approved the Agreement and CA #1 as they were both within his signing authority under the City’s Purchasing Policy.

On August 21, 2023, CA #2 was approved by the City Council to include additional services including a part-time Interim HR Director while the full-time position was being recruited. CA #2 increased the maximum amount by $101,000, increasing the maximum Agreement amount to $150,000. The Interim HR Director was hired as the Administrative Services Director in October 2023. The contract with It’s Personnel continued to provide HR services in the area of recruitment and classification/compensation. In addition, a Risk Management and Workers Compensation expert was added to provide best practices and review the City’s processes and provide recommendations.

On May 20, 2024, CA #3 was approved by the City Council to continue to utilize expertise in the area of Risk Management and Workers Compensation and to provide various HR services. CA #3 increased the maximum amount by $60,000 revising the total contract amount to $210,000.

CA #4 in the amount of $40,000 is necessary to continue to utilize Risk Management and Workers Compensation consulting services. Staff recently issued a Request for Proposal (RFP) for Workers Compensation Third-Party administration. The Risk Management and Workers Compensation consultant from It’s Personnel will assist staff in reviewing the RFP responses, implementing new third-party administrator and assist with the transition.

In addition, the consultant will assist in reviewing previous workers compensation claims to determine if there are strategies for reducing costs or improving services provided to claimants. With CA #4, the revised total contract amount will be $250,000. We are nearing the end of this project and do not anticipate any additional amendments to this contract.

California Environmental Quality Act

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Approval of CA #4 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
With the execution of CA #4, the revised contract amount is $250,000:

Professional Services Contract $ 20,000
Contract Amendment No. 1 $ 29,000
Contract Amendment No. 2 $ 101,000
Contract Amendment No. 3 $ 60,000
Contract Amendment No. 4 $ 40,000
Revised Contract Amount $ 250,000
CA #4 in the amount of $40,000 to the agreement with It’s Personnel will ensure there is sufficient funding to utilize Risk Management and Workers Compensation consulting services. Funding is available in the approved Administrative Services budget and no additional appropriation is required.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Contract Amendment No.4
Attachment 3 – Original Agreement

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1 0
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. FOUR (4) IN THE AMOUNT OF $40,000 WITH IT’S PERSONNEL CONSULTING INC. FOR

HUMAN RESOURCES CONSULTING SERVICES

CITY OF FOSTER CITY
WHEREAS, on July 21, 2022, the City entered into a professional services agreement with It’s Personnel Consulting to provide Human Resources (HR) services in various functions including recruitment, classification/compensation, benefits administration, leave administration and other HR functions on an as needed basis up to a maximum Agreement amount of $20,000; and
WHEREAS, on May 22, 2023, Contract Amendment No. One (1) was approved by the City Manager to increase the contract based on recent vacancies that occurred in the HR Department for an additional $29,000 increasing the maximum Agreement amount to $49,000; and
WHEREAS, on August 21, 2023, Contract Amendment No. Two (2) was approved by the City Council to increase the contract by $101,000 to provide an Interim Human Resources Director while a recruitment on the position was completed increasing the maximum Agreement amount to $150,000; and
WHEREAS, on May 20, 2024 Contract Amendment No. Three (3) was approved by the City Council to increase the contract by $60,000 to provide additional HR services while a Human Resources Manager position is being recruited; and WHEREAS Contract Amendment No. Four (4) would increase the agreement amount to provide Risk Management and Workers Compensation consulting services.

With Contract Amendment No. Four (4), the revised total contract amount will be $250,000; and
WHEREAS, there is funding available in the approved Administrative Services budget and no additional appropriation is required.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. Four (4) in the amount of $40,000 with It’s Personnel Consulting for Risk Management and Workers Compensation consulting services.

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1 0
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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ORIGINAL

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. FOUR (4)
DATE: February 18, 2025 ACCOUNT NO. 001-1210-415-4251 PROJECT NAME: Recruitment and HR Support Services
TO: It’s Personnel Consulting, Inc.

CHANGE REQUESTED BY: It’s Personnel and City of Foster City Based on mutual agreement, It’s Personnel Consulting, Inc. and City of Foster City agree to amend the original Agreement dated July 21, 2022 (“Agreement”) pursuant to Section 4 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 20,000
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1)
(Dated May 22, 2023)
$ 29,000
AMOUNT OF CONTRACT AMENDMENT NO. TWO (2)
(Dated August 21, 2023)
$ 101,000
AMOUNT OF CONTRACT AMENDMENT NO. THREE (3)
(Dated May 20, 2024)
$ 60,000
AMOUNT OF CONTRACT AMENDMENT NO. FOUR (4) $ 40,000
REVISED CONTRACT AMOUNT $ 250,000
It’s Personnel Consulting and the City of Foster City agree that additional work shall be added to Exhibit A, Scope of Work, in the Agreement for Risk Management and Workers Compensation consulting services as described below and attached hereto and hereinafter incorporated as Attachment 1:

Task #2: Additional HR Services

1. To add additional hours for an expert in Risk Management and Workers Comp. Consultant shall be billed at $175/hour. $ 40,000
Subtotal $ 40,000
REVISED CONTRACT AMOUNT $ 250,000

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Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

It’s Personnel have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

IN WITNESS WHEREOF, the City of Foster City and It’s Personnel Consulting, Inc. have executed this Fourth Amendment to the Agreement, which shall be effective as of February 18, 2025.

CITY OF FOSTER CITY
DATE:

Stefan Chatwin, City Manager
ATTEST:

DATE:

Priscilla Schaus, City Clerk
APPROVE AS TO FORM:

DATE:

Benjamin Stock, City Attorney
IT’S PERSONNEL:

DATE:

Rebecca Burnside, Principal

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Attachment 1
Additional HR services include:
Review proposals submitted for Workers Compensation Third-Party administration Assist with implementation of new Third-Party administrator Review existing claims in conjunction with Third-Party administrator and Foster City staff to determine if there are strategies for reducing costs or improving services

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DATE:February 18, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Parks and Recreation
SUBJECT:REVIEW AND ACCEPT THE PARKS AND RECREATION
COMMITTEE'S 2024 YEAR-END REPORT AND
COMMITTEE’S MISSION STATEMENT AND PROPOSED
GOALS FOR 2025

RECOMMENDATION
It is recommended that the City Council by Minute Order, accept the Parks and Recreation Committee's 2024 Year-End Report; approve the Mission Statement; and accept the Goals for 2025 and provide direction to the committee on other Council initiatives or priorities for the upcoming year.

EXECUTIVE SUMMARY
Pursuant to Minute Order No. 802, each citizen advisory committee must prepare a written year-end report, review its mission statement, and prepare a written annual goals/work program for the upcoming year for presentation to the City Council meeting in the first quarter of each year.

At a regular meeting on February 4, 2025, the Parks and Recreation Committee approved the following:

1. 2024 Year-End Report

2. Mission Statement

3. Goals for 2025
It is recommended that by Minute Order, the City Council accept the Parks and

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Recreation Committee’s 2024 Year-End Report (Attachment 1), approve the Mission Statement, and accept the Goals for 2025 (Attachment 2).

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 - 2024 Parks and Recreation Committee Year-End Report Attachment 2 - Mission Statement and Goals for 2025

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City of Foster City
Parks & Recreation Citizens Advisory Committee
2024 Year End Report
The Parks and Recreation Committee’s 2024 Year End Report is outlined here by recapping our overall Mission with our 2024 Goals and Objectives and highlighting our achievements over the past year associated with each of these goals.

Mission Statement: The Parks and Recreation Committee of the City of Foster City shall serve as an advisory committee to City Council and as an advisory forum between citizens and the Department of Parks and Recreation. The Parks and Recreation Committee shall act in the spirit of City Council priorities and Parks and Recreation Department goals and objectives in order to provide for a parks and recreation program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement:

1.Vision for Parks, Facilities, and Programs: Study and evaluate City operated parks, facilities, programs, and operations to ensure they meet the current and future needs of the changing community and structure programs and facilities accordingly. The Parks & Recreation Committee actively participated in the Recreation Center Rebuild Project
oThe committee provided input and guidance to the city staff and the council as part of the deliberations regarding the recreation center rebuild project (RCRP). oRCRP greenlighted. Groundbreaking ceremony conducted December 18 th, 2024 Parks Master Plan: The committee is actively participating in the parks master plan. oThe committee appointed two committee members to serve on the parks master plan task force.
oSupporting public engagement and awareness efforts and soliciting feedback through surveys and in-person outreach conducted via workshops and popup events.
Support the City’s Age Friendly Cities Initiative and action plan oThe City of Foster City and its partners consistently offer some activities aimed at seniors age 55+. These activities include a regular senior newsletter with information on programs and services, a monthly senior meal, an annual senior ball, senior Bingo and various activities, periodic day trips and excursions, and various health and wellness classes and informative workshops (tai chi, yoga, driver safety and AARP tax guidance).
oThe City of Foster City is currently collaborating with SCAN Health to provide additional senior programs and services. SCAN Health sponsored several events including the Halloween Festival, Annual Holiday Tree Lighting, three Senior Bingo events.

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oAs part of the Parks Master Plan project, the City will engage adults 55+ on ways the City’s parks and programs can be more responsive and do a better job of serving older adults. In addition, the plan will consider the Age Friendly Cities Initiative and Action Plan and the City’s ADA transition plan with any recommendations that are proposed to improve City parks and programs. Levee trail:
oLevee trail reopened 2/24/2024
oOngoing discussion about levee signage

2.Safe and Well-Maintained Facilities and Parks: Provide recommendations and guidance to the City Council and City staff that will ensure the City’s facilities, parks, and lagoon are well maintained and meet the current and future needs of the community. Lagoon Safety:
oReviewed presentation by Edgewater Marine
Goose Population Management Plan:
oReviewed regular updates from staff and helped relay information to the community on goose population management efforts
Participated in presentation discussions on various city and community functions oFoster City Library
oFoster City Tennis Club
oCPRS Management School
oFoster City Pickleball Club
oYouth and Teen programs
oRec.US presentation
oHillbarn Theater presentation
oLions Club
oFoster City Rotary Club
oFoster City Village
oFoster City travel baseball
oPresentation on pesticide safety
oCitizen’s sustainability advisory committee presentation on fireworks

1.Community Engagement: Engage with the greater Foster City community to receive input regarding open space, facilities, recreation programs and activities; with the goal of increasing community participation in parks, programs, and public spaces, and ensuring we meet the current needs of the community. Various engagement tools and strategies will be employed while reporting back to the Committee and City staff on findings. Volunteered or participated in the following Parks & Recreation Events oJuly 4 th activities

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oSummer Concert Series
oSummer Days events
oClassic Car Show
oRubber Ducky Race
oHalloween “Spooktakular” Festival
oSpring & Fall Movie Nights
oCommunity Bike Ride
oSenior Showcase
oSan Mateo Consolidated Fire Department Open House
oCity tree Lighting
oRibbon Cutting for Edgewater Sports Field resurfacing project oGroundbreaking and shovel ceremony for the new Foster City Community Center
The committee appointed a 2-member subcommittee to provide input towards the 2025 Summer Concert Series Band selection process
The committee participated in other community engagement opportunities with varying focuses via various social media platforms

2.Sustainability: Research and evaluate opportunities for local community partnerships with Foster City school districts, service clubs, youth sports, non-profit, and business organizations to enhance and sustain program offerings through shared efforts. Identify areas of interest for each organization to best meet common needs. The Committee should report back on areas of opportunity and feasibility.
Foster City Community Garden
oThe committee worked with the Foster City Community Garden Association to organize the opening of the City’s community garden; a pilot program authorized by the City Council. The timeline for the rollout of the garden and selection of gardeners will occur on April 1, 2025
oScheduled to open on April 1, 2025
Collaboration with CSAC on sustainable measures for the City oCollaborated with CSAC committee to promote various sustainable activities and events organized for Earth Day in April 2024
oThe committee volunteered on April 27, 2024 at the Earth Day event which included community faire booths to educate visitors about different environmental sustainability practices and strategies.

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Parks & Recreation Committee
Goals for 2025
Mission Statement: The Parks and Recreation Committee of the City of Foster City shall serve as an advisory committee to City Council and as an advisory forum between citizens and the Department of Parks and Recreation. The Parks and Recreation Committee shall act in the spirit of City Council priorities and Parks and Recreation Department goals and objectives in order to provide for a parks and recreation program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement by:

1.Vision for Parks, Facilities, and Programs: Study and evaluate City parks, lagoon system, facilities, programs, and operations to ensure they meet the current and future needs of the changing community and structure programs and facilities accordingly. Ongoing.

Areas of focus: Recreation Center Rebuild Project (temporary facilities transition), Parks Master Plan, Support the City’s Age Friendly Cities Initiative and Action Plan.

2.Safe and Well-Maintained Facilities, Parks and Lagoon: Provide recommendations and guidance to the City Council and City staff that will ensure the City’s facilities, parks, and lagoon are well maintained and meet the current and future needs of the community. Ongoing.

Areas of focus: Parks Master Plan, Lagoon Safety and Water Quality, Goose Population Management Plan, Levee Trail Signage and Safety

3.Community Engagement: Engage with the greater Foster City community to receive input regarding open space, facilities, recreation programs and activities; with the goal of increasing community participation in parks, programs, and public spaces, and ensuring we meet the current needs of the community. Various engagement tools and strategies will be employed while reporting back to the Committee and City staff on findings. Ongoing.

Areas of focus: Parks Master Plan, Serve as Ambassadors and Volunteer support for Parks and Recreation events and programs

4.Sustainability: Research and evaluate opportunities for local community partnerships with Foster City school districts, service clubs, youth sports, non-profit, and business organizations to enhance and sustain program offerings through shared efforts. Identify areas of interest for each organization to best meet common needs. The Committee should report back on areas of opportunity and feasibility. Ongoing.

Areas of focus: Community Gardens, Collaboration with CSAC on Environmental Sustainability, Community Events Financial Sustainability and Collaboration with Event Sponsors, School District JUA and School Access for Community Recreation

6.1 Attachment 2 - Mission Statement and Goals 2025

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DATE:February 18, 2025
TO:Mayor and Members of the City Council
VIA:Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM:Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation Department
SUBJECT:RECREATION CENTER REBUILD PROJECT (CIP 301-678)

GENERAL UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the update report on the Recreation Center Rebuild Project (Project). This is an informational report only. No further action is required.

EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. The Project update will consist of this staff report and the attached Construction Manager’s Report. Some of the notable highlights from the past months of the Project include:
BHM Construction, LLC. (BHM) started the building demolition and site clearing. BHM found unforeseen conditions on the site which required additional work to resolve.
The shovel ceremony was held on December 18, 2024.
PG&E coordination continued for temporary and permanent power. Rough grading began for the site.
Test piles were installed for the foundation.

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BACKGROUND AND ANALYSIS
BHM continued the demolition of the site through December and January. Several unforeseen conditions were found during the excavation, which required additional work and a change order to compensate BHM. The result of Change Order #2 increased the construction contract by $211,969. Attachment 3 is a summary of all change orders to date. Below is a list of the items addressed by Change Order #2:
Handling and disposing of asbestos pipe not identified in the plans Repairing and relocating unforeseen electrical conduit within the site Handling and disposing of a vapor barrier under the existing Recreation Center building not shown on the record drawings
Removing and disposing of additional concrete, due to a thicker slab than shown on the record drawings
Lime treating the building pad to improve stability and keep the project on schedule
On December 18, 2024, the City held a shovel ceremony to commemorate the start of building a new Foster City Community Center. City Council Members, stakeholders, City Employees, and members of the public all attended the event, showcasing the leveled construction site.

BHM is currently working with PG&E to implement the temporary power service for construction activities and eventually the permanent power for the new building. The design team, Group 4 Architecture, Research + Planning, continues to coordinate on submittals and other requests from the contractor, such as material approvals for ordering. Rough grading has begun in preparation for laying the building foundation and underground utilities. Test piles were installed to confirm the design is successful in the field before the production piles are installed in February. Additionally, the contractor will take over the bocce court area to begin working on the expanded bocce court facilities with the intent to return the bocce courts back to the City this summer for league play.

Additional information on the site activities can be found in the Construction Manager’s Reports attached.

Estimated Schedule
Shovel Ceremony: December 18, 2024
Production Piles February – March 2025
Project Completion: July 5, 2026

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CEQA
In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project.

On November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City prepared an Addendum to the adopted Mitigated Negative Declaration for the temporary Modular Buildings portion of the work.

FISCAL IMPACT
There is no fiscal impact associated with this update. Any fiscal impacts to the Project will be presented to the City Council as a separate agenda item with a recommended action. The construction budget can be seen on the attached Construction Manger’s Report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 - Monthly Construction Manager's Report December 2024 Attachment 2 - Monthly Construction Manager's Report January 2025 Attachment 3 - Contract Change Order Summary Sheet

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Foster City City CouncilFebruary 18, 2025

Foster City City Council
February 18, 2025